HR 238 · 115th Congress 2017–2019, ended

Commodity End-User Relief Act

Fact sheet

Latest action · Jan 17, 2017 Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 4, 2017
  2. Passed HouseJan 12, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Commodity End User Relief Act

This bill reauthorizes through FY2021, and otherwise revises provisions related to, operations of the Commodity Futures Trading Commission (CFTC).

The CFTC is authorized to require that certain property of the bankruptcy estate of a commodity broker who is a debtor in Chapter 7 bankruptcy (also known as "liquidation" bankruptcy) be included in customer property to the extent that such property is insufficient to satisfy the net equity claims of the broker's public customers.

Before promulgating a regulation or issuing an order, the CFTC must publish an assessment of the costs and benefits of the action.

The heads of the CFTC's administrative units shall serve at the pleasure of the CFTC.

The bill establishes, within the CFTC, the Office of the Chief Economist.

The bill eliminates the CFTC's authority to lease space.

The bill modifies provisions related to the CFTC's Customer Protection Fund.

The duration of an omnibus order of investigation (authorizing the CFTC to issue subpoenas to multiple persons in relation to a particular subject matter area) shall not be indefinite.

The bill exempts specified entities from certain clearing requirements applicable to swaps.

With respect to swap dealer registration requirements, the bill: (1) prohibits the CFTC from modifying, except by affirmative rule or regulation, the threshold for de minimus (minor in quantity) swap dealing; (2) under certain circumstances, allows the use of specified financial models with respect to calculating capital requirements; and (3) modifies other provisions.

The bill exempts certain swap activities involving non-U.S. persons from U.S. swaps requirements.

In addition, the bill amends the Commodity Exchange Act to direct registered futures associations to require their futures commission merchant members to meet certain procedural and reporting requirements.

Recorded votes 3

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 54Passed239–182Jan 12, 2017
House 53Failed190–235Jan 12, 2017
House 52Agreed to236–191Jan 12, 2017

Cosponsors 3

Members who signed on, in the order they did. All signed on Jan 4, 2017.

SeatCosponsorSigned on
R-GAAustin ScottOriginalJan 4, 2017
D-GADavid ScottOriginalJan 4, 2017
R-TXPete SessionsOriginalJan 4, 2017

Actions 35

Everything that happened, newest first.

  1. Jan 17, 2017Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
  2. Jan 12, 2017Committee of the Whole House on the state of the Union rises leaving H.R. 238 as unfinished business.
  3. Jan 12, 2017Considered as unfinished business. (consideration: CR H450-451)
  4. Jan 12, 2017Considered under the provisions of rule H. Res. 40. (consideration: CR H404-428)
  5. Jan 12, 2017DEBATE - Pursuant to the provisions of H. Res. 40, the Committee of the Whole proceeded with 10 minutes of debate on the Aderholt Part B amendment No. 1.

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 31Amendment modifies the Commodity Exchange Act to give the Commodity Futures Trading Commission authority to designate other agencies to manage its leases.Robert B. Aderholt R-ALOn agreeing to the Aderholt amendment (A001) Agreed to by voice vote.
HAmdt 32Amendment reforms the Customer Protection Fund at the CFTC to modify the size of the fund, annual expenditures from the fund and return excess balance to the Treasury.Austin Scott R-GAOn agreeing to the Scott, Austin amendment (A002) Agreed to by voice vote.
HAmdt 33Amendment makes technical and conforming changes to the bill.K. Michael Conaway R-TXOn agreeing to the Conaway amendment (A003) Agreed to by voice vote.
HAmdt 34Amendment makes clear that the Commission may impose and implement position limits as it finds necessary, provided the Commission makes a finding prior to imposing such limits. It makes no changes to the longstanding federal position limits regime for the enumerated agricultural commodities or the existing statutory requirements that Designated Contract Markets impose position limits or accountability levels on all contracts.K. Michael Conaway R-TXOn agreeing to the Conaway amendment (A004) Agreed to by recorded vote: 236 - 191 (Roll no. 52).
HAmdt 35Amendment prohibits the CFTC from compelling the production of algorithmic trading source code and similar intellectual property unless it has issued a subpoena.Sean P. Duffy R-WIOn agreeing to the Duffy amendment (A005) Agreed to by voice vote.

Related bills 2

Companion bills and other measures the record links to this one.

Subjects

Assigned by the Library of Congress. Policy area: Finance and Financial Sector.

Text 3

Each version as it was printed, newest first.

  1. Jan 17, 2017Referred in Senate
  2. Jan 12, 2017Engrossed in House
  3. Jan 4, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.